Knowledge is power: Meal breaks
Know your rights. Strengthen your workplace.
Many members donÂ’t realise that under your union-negotiated award conditions, you are entitled to:
- a paid 10-minute morning tea break
- a paid 10-minute afternoon tea break
- an unpaid standard lunch break of one hour (minimum 30 minutes; maximum 2.5 hours).
These breaks are not optional “nice to haves”, they are your rights. They exist to support your wellbeing, reduce burnout, and ensure you can do the demanding work of child protection, safely and sustainably.
Directions that reduce your entitlements
If you ever receive directions from your manager about changes to your conditions, without consultation, that may be incorrect information and your union can help you.
Have you been told:
- you can eat your lunch in the car (while driving for work purposes)
- sometimes you can only take 15 minutes it all evens out in the end
- add an extra half hour to the end of the day (but donÂ’t go over 35 hours a week)
- eat at your desk, as everyone else does.
If your manager makes any of the suggestions, they may be breaching your Award conditions. The É«ÀÇÉçÇøstrongly advises you to take your prescribed breaks in full as they are an entitlement and are there for a reason, which has been negotiated and agreed upon by all parties involved.
Why you should take your breaks
- breaks reduce stress and fatigue
- they support better decision making
- they help create a calmer, more respectful team environment
- they reinforce that workersÂ’ wellbeing matters.
Child Protection work is intense, emotional, and high stakes. Taking breaks is part of looking after yourself and each other. A respectful, healthy workplace culture starts with the basics: knowing your entitlements.Ìý
Below are relevant extracts from the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 regarding meal breaks.
- Morning and Afternoon Breaks
Employees may take a 10 minute morning break, provided that the discharge of public business is not affected and, where practicable, they do so out of the view of the public contact areas. Employees, other than the 38 hour week workers, may also take a 10 minute afternoon break, subject to the same conditions as apply to the morning break.
- Meal Breaks
15.1 Meal breaks must be given to and taken by employees. No employee shall be required to work continuously for more than 5 hours without a meal break, provided that:-
15.1.1 where the prescribed break is more than 30 minutes, the break may be reduced to not less than 30 minutes if the employee agrees. If the employee requests to reduce the break to not less than 30 minutes, the reduction must be operationally convenient; and
15.1.2 where the nature of the work of an employee or a group of employees is such that it is not possible for a meal break to be taken after not more than 5 hours, local arrangements may be negotiated between the Department Head and the Association to provide for payment of a penalty.
- Standard Working Hours
20.1 Standard hours are set and regular with an hour for lunch
- Flexible Working Hours
21.8 Lunch break – The standard lunch period shall be 1 hour. With the approval of the supervisor, the lunch period may be extended by the employee up to 2 and 1/2 hours or reduced to not less than 30 minutes within the span of hours determined by the Department Head.
New South Wales Department of Community ServicesÌýField and Standard Flexible Working Hours Agreement
- Meal breaks
- Subject to subclauses 12(ii) and 12(iii) a flexible meal break of not less than half an hour, and not more than two and a half hours, can be taken at any time during core time.
- This meal break cannot be taken as the first or last hour of core time and ideally, the break should occur in the middle of time on duty but at least after no more than 5 hours continuous duty. Any time worked during the meal break will not be credited to flexible leave balance.
Standard Flexible Working Hours Agreement
- Meal breaks
- Subject to subclauses 12(ii) and 12(iii), a flexible lunch break of not less than half an hour and not more than two and a half hours can be taken between 11.30am and 2.30pm.
- This meal break cannot be taken as the first or last hour of coretime and ideally, the break should occur in the middle of time on duty but at least after no more than 5 hours continuous duty. Any time worked during the meal break will not be counted as AWT and will not be credited to flexible leave balance.
New South Wales Department of Community ServicesÌýField and Standard Flexible Working Hours Agreement
- Meal breaks
- Before any member of staff proceeds on a meal break for substantially more or less than one hour, they must check with their supervisor that it is convenient and desirable for them to do so.
- The meal break must be shown in the adjustments column in hours and minutes. Any second meal break must also be shown in cases where officers work during a normal day and also during the evening.
- No member of staff is permitted to record less than 30 minutes for a meal break. Any person absent for more than two and a half hours must immediately apply for recreation leave in quarter day multiples.
- Breaches of the meal time provision can result in members of staff being instructed to work standard hours or having disciplinary action taken against them.
The next time the É«ÀÇÉçÇøis at your office for a meeting come along, meet other É«ÀÇÉçÇømembers, and learn more about your rights, your protections, and how we can work together to improve workplace culture in Child Protection.
Together we can build a workplace where respect is the norm – not the exception.